Laws against bring handguns not on the list..

[dpark514]

Hey guys I was just wondering if someone could answer this question. If a resident from another state for example Utah decides to move to California will he be able to bring his HK P30, HK 45 into the state as long as they both have the 10rd mag? I've been having this discussion on another forum and the other person believes that this is illegal. He says that he's a LEO. I've spoken to the DOJ and I was told that you can legally bring in the handguns as long as the 10rd mags were used and you have to register it within 60 days of establishing a California residency.

Here is the link to the other forum.

http://www.hk-usa.com/phpBB3/viewtopic.php?f=5&t=4435

[Para45]

Yup - you can legally bring in handguns that are NOT on the "safe" list as long as you register it within the required 60 days and the mags are 10rds or less.

http://ag.ca.gov/firearms/forms/pdf/ab991frm.pdf

[dpark514]

Would be nice if more people can chime in on this topic so i can set this LOE straight. I have nothing against him or LEO's but when you claim that your a LEO and give out false info thats wrong.

[Electricboy]

be patient members will respond

[Para45]

I think you mean "LEO" but anyways just have him call the CA DOJ - they're easy to get ahold of and that way he can have it from the horse's mouth. Otherwise, any hearsay probably won't hold water with him anyways.

[Untamed1972]

The safe list only prohibits a dealer in CA from selling you guns not on the list. Bringing guns with you that you already own is ok, excluding assault weapons of course, which would include a handgun with a threaded barrel.

[bwiese]

You can legally move into CA with non-Roster handguns (and register them; new residents have 60 days to file New Resident Handgun Ownership Report with DOJ).

As a CA resident, you can transfer a non-Rostered handgun to/from other Californians, you can receive one from a lineal family member (grandparent, parent, child, grandchild), or you can inherit one or receive it from estate bequest.

As for gun knowledge: LEOs are often wrong on gun laws, that's all I can say.
Asking a cop about gunlaws is akin to asking a plumber about your digestive system problems.

[dpark514]

ooops... fixed changes. Well i told him that i spoke with someone from the DOJ and he said that they just telling me what i want to hear. Check out the link.

[bsim]

From DOJ FAQs HERE (http://ag.ca.gov/firearms/pubfaqs.php#24):I am moving into California and I own several handguns. What are the new-resident registration requirements?

You are considered to be a personal handgun importer as defined by California law. You may bring all of your otherwise California-legal firearms with you, but you must report all of your handguns to the DOJ within 60 days as required utilizing the New Resident Handgun Ownership Report. [PDF 518 kb / 2 pg] You are not required to report rifles or shotguns. You may not bring ammunition feeding devices with a capacity greater than ten rounds, machineguns, or assault weapons into California.

(PC sections 12001(n), 12072(f)(2))

In the linked forum, you're BOTH right.

He's right:
1) You can't live here, bring something in from out of state, and expect to register.
2) A dealer can't sell a (new) non-rostered handgun.

However, a handgun "already in the state" that's non-rostered MAY be transfered via PPT

So how does a non-rostered handgun get into CA?
1) Grandfathered (expired roster listing)
2) Intrafamilial transfers
3) LEO exemption
4) New CA resident moving into the state, using the above FAQ answer

[Para45]

ooops... fixed changes. Well i told him that i spoke with someone from the DOJ and he said that they just telling me what i want to hear. Check out the link.

lol yeah he would know better than the DOJ.....please. I wouldn't even bother trying to convince those types.....

[MrClamperSir]

Yes it's legal as long as you resister them like Para45 stated. When you say LOE do you mean Law Enforcement Officer or am I missing something?
If you are talking about an LEO I would say they tend not to know all laws regarding firearms. I mean how could they, there are so many in California. Even if you ask a lawyer a lot of the time they have to go look it up and get back to you. Calguns is really a great resource in that respect.

[Para45]

Yes it's legal as long as you resister them like Para45 stated. When you say LOE do you mean Law Enforcement Officer or am I missing something?
If you are talking about an LEO I would say they tend not to know all laws regarding firearms. I mean how could they, there are so many in California. Even if you ask a lawyer a lot of the time they have to go look it up and get back to you. Calguns is really a great resource in that respect.

+1 :thumbsup:

[dwtt]

Would be nice if more people can chime in on this topic so i can set this LOE straight. I have nothing against him or LEO's but when you claim that your a LOE and give out false info thats wrong.

If this person doesn't want to bring his guns to CA when he moves, let him sell them and be deprived of them. If he really is a LEO, then he can always buy the guns again when he has settled in CA, at a slightly marked up price. There's no need for you to set this guy straight, but to counter his FUD, just point other interested readers to this forum and they can find out the facts for themselves.

[dpark514]

If this person doesn't want to bring his guns to CA when he moves, let him sell them and be deprived of them. If he really is a LEO, then he can always buy the guns again when he has settled in CA, at a slightly marked up price. There's no need for you to set this guy straight, but to counter his FUD, just point other interested readers to this forum and they can find out the facts for themselves.

The LEO isn't the one trying to bring the gun into california. He's just a guy on the forum giving out false info about it.

[dpark514]

From DOJ FAQs HERE (http://ag.ca.gov/firearms/pubfaqs.php#24):

In the linked forum, you're BOTH right.

He's right:
1) You can't live here, bring something in from out of state, and expect to register.
2) A dealer can't sell a (new) non-rostered handgun.

However, a handgun "already in the state" that's non-rostered MAY be transfered via PPT

So how does a non-rostered handgun get into CA?
1) Grandfathered (expired roster listing)
2) Intrafamilial transfers
3) LEO exemption
4) New CA resident moving into the state, using the above FAQ answer

I understand that you can't be a california resident and bring in handguns that are not on the list but what the LEO is saying is that you can't bring your none listed handgun even if your moving to california.

[Untamed1972]

I understand that you can't be a california resident and bring in handguns that are not on the list but what the LEO is saying is that you can't bring your none listed handgun even if your moving to california.


You can if you're a dual state resident! :cool2:

[dpark514]

You can if you're a dual state resident! :cool2:

I don't think you can legally. Since you already have a established residency in California. I think it will be consider importing. Who knows this might be a loop hole.

[bwiese]

I understand that you can't be a california resident and bring in handguns that are not on the list but what the LEO is saying is that you can't bring your none listed handgun even if your moving to california.

For the first part, aside from CA laws, Fed laws prevent that;

as for the 2nd part, he's just wrong.

[Decoligny]

Hey guys I was just wondering if someone could answer this question. If a resident from another state for example Utah decides to move to California will he be able to bring his HK P30, HK 45 into the state as long as they both have the 10rd mag? I've been having this discussion on another forum and the other person believes that this is illegal. He says that he's a LEO. I've spoken to the DOJ and I was told that you can legally bring in the handguns as long as the 10rd mags were used and you have to register it within 60 days of establishing a California residency.

Here is the link to the other forum.

http://www.hk-usa.com/phpBB3/viewtopic.php?f=5&t=4435

He is focused on the "illegal to import into California" portion, and has failed to see the following two words "for sale".

You cannot import the gun into Califonia if your intent is to sell it. However, if you moved into CA and then later on decided to sell it, you have not imported it "for sale".

[dpark514]

Thanks to all. Like Para45 said some people are not worth convincing. Even after all the facts he still believes that he is right. Oh well, I'm done trying... Now only if I can find that person who brought a HK P30 to California. :)

[motorhead]

now ask him about off list rifles:D